On the issue of economic compensation for layoffs in the Labor Contract .

Regardless of which party proposes to terminate the employment contract, the employee can claim economic compensation of one month's salary for each year of service since 2008, and half a month's salary for less than half a year.

Legal Analysis: Under normal circumstances, the severance compensation for layoffs shall be paid to the employee according to the number of years of service of the employee in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Employees who have been laid off can claim financial compensation. According to the provisions of Chinese law, when an employer lays off employees due to bankruptcy reorganization, production and operation difficulties, enterprise conversion or major technological innovation, it shall pay economic compensation to the employee.

Legal basis] Article 46 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law. Ashwagand.

The Labor Contract Law stipulates that if a reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law, and it is necessary to lay off more than 20 employees, or less than 20 employees but more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the employer may reduce the number of employees after reporting to the labor administrative department. Paragraph 4 of Article 46 stipulates that if an employer terminates a labor contract in accordance with the provisions of Paragraph 1 of Article 41 of this Law, the employer shall pay economic compensation to the employee.

Labor Contract Law of the People's Republic of China Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract. Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. Article 36 If the employer and the worker change their minds through negotiation, they may terminate the labor contract.